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HomeMy WebLinkAboutResolution 2014-090 IGA between State of Arizona and Town of MaranaMARANA RESOLUTION NO. 2014-090 RELATING TO PUBLIC WORKS APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MARANA RELATING TO THE I -101 TWIN PEAKS TRAFFIC INTERCHANGE. WHEREAS the Arizona Department of Transportation and the Town of Marana entered into an inter a in 2007, authorized b Marana Resolution No. 2007-109, to facilitate the construction of the new I -10 Twin Peaks Traffic Interchan and WHEREAS the Arizona Department of Transportation re amendment of the 2007 inter a to address on maintenance and landscapin of the new 1-10 Twin Peaks Traffic Interchan and WHEREAS the Ma and Council of the Town of Marana feel it is in the best interests of the Town of Marana to enter into this inter a amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE r1_0WN OF MARANA, that "Amendment No. One to Inter A between the State of Arizona and the Town of Marana" (ADOT File No. IGA/JPA 06-148-1 ADOT CAR No. 13-0001543-1 Amendment No. One: 14-0004629-1 AG Contract No. KR07-05 94TRN ADOT Pro H5838 01D/01C) between the Town of Marana and the State of Arizona actin b and throu its Department of Transportation, attached to and incorporated b this reference in this resolution as Exhibit A, is hereb approved, and the Ma is hereb authorized to exe- cute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Mana and staff are hereb directed and authorized to undertake all other and further tasks re or beneficial to carr out the terms, obli and objectives of the inter a amendment. PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 7th da of October, 2014. 1 MARANA - ---------- NN^/ ATTEST.' Jocel C ronso,n, Town Clerk kL Ma Ed HoAea t, APPROVED AS TO FORM: Marana Resolution No. 2014-090 9/11/2014 3:04 PM F'JC ADOT File No.: IGAI JPA 06 -148 -I ADOT CAR No.: 13- 0001543 -1 Amendment No. one: 14- 0004629 -I AG Contract No.: KR07- 0594TRN Project: Twin Peaks Linda Vista TI Federal -aid No.: NIA ADOT Project: H6838 01 DI01 C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: 14506 AMENDMENT No. ONE To INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AMENDMENT No. ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No. One"), entered into this date , 2014, pursuant to Arizona Revised Statutes §§ 11-951 through 11 -954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or "ADOT ") and the TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town "). The Town and State are collectively referred to as the "Parties." WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPAIIGA 06- 148 --1, A.G. Contract No. KR07- 0594TRN, was executed on August 1, 2007, (the "original Agreement "); WHEREAS, the State is empowered by Arizona Revised Statutes § 28 -401 to enter into this Amendment No. one and has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the State; WHEREAS, the Town is empowered by Arizona Revised Statutes § 09 -240 to enter into this Amendment No. one and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Amendment No. One and has authorized the undersigned to execute this Amendment No. One on behalf of the Town; and NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of this Amendment No. one is to define maintenance responsibilities for ADOT and the Town. The Parties desire to amend the original Agreement, as follows: Page 2 11. SCOPE OF WORK Section 11. Paragraph 2. j. is revised and replaced, as follows: The Town shall: ADOT File No.: IGAIJPA 06- 148WI. ADOT CAR No.: 13-0001543-1 Amendment No. One: 14- 0004629 -I j. After construction, be responsible for ownership and maintenance of the portion of the Project outside of ADOT's right -of -way limits; be responsible for maintenance of the portion of the Project inside of ADOT's right -of -way limits, as specified below and per Exhibit 3;and waive the requirements of Arizona Revised Statutes § 28 -7209. No outdoor advertising structures shall be placed within the Project limits. (Area depicted on Exhibit 2 outside the above listed areas will be abandoned by Arizona Transportation Board Resolution upon completion of the Project.) i. Perform maintenance of State right -of -way and easements on Twin Peaks Road as described below. Also maintain paint, artwork and graffiti abatement within the Twin Peaks traffic interchange. ii. Perform routine Maintenance of ALL ground - mounted signs on Twin Peaks Road outside of the interchange ramps. The Town will also maintain stop /street sign assemblies at the frontage road intersections. These signs will be replaced on an as needed basis when damaged, vandalized, removed or faded to where reflectivity is below standard. iii. In the event that the Town is performing striping maintenance along Twin Peaks Road, Town shall also perform striping maintenance within the ADOT right of way limits of Twin Peaks Road including crosswalks, stop bars, turn lane legends and lane and shoulder striping. iv. Properly maintain non - structural (not part of any bridge structure) sidewalks in a safe condition. Maintenance will include, but not be limited to, keeping the pathway surface and surrounding area free of debris, undesirable weeds and grasses, trash and litter. The sidewalk surface will be repaired or concrete slabs replaced as necessary to correct trip hazards and any erosion around the sidewalk shall be maintained to the final grade at time of completion of the sidewalk construction. v. Be responsible for the water and electrical utility costs and the backflow testing for the landscape irrigation system. vi. Perform routine maintenance of publicly owned landscaping and irrigation system and to assure permitted landscaping is properly maintained. Maintenance will consist of the following: caring for all plants in accordance with acceptable horticultural practices; keeping rock mulch as a consistent and uniform ground cover; repairing any erosion damage in the landscape area; keeping all areas free of weeds, undesirable grasses and litter; applying insecticide /herbicide sprays and dust palliative to combat diseases and other pests; pruning and replanting vegetation as required; and keeping all landscape features as it was designed and established at the completion of the project. Maintenance of the irrigation system includes all testing, adjusting, repairing, and checking the operation of the system to keep it fully functional as designed. vii. In the event that the Town is performing street sweeping maintenance along Twin Peaks Road, Town shall also perform street sweeping maintenance within the ADOT right of way limits of Twin Peaks Road. viii. Assure all maintenance work is conducted in a manner to minimize traffic congestion and interference with through traffic. All traffic control will meet the requirements of the Arizona Department of Transportation Uniform Traffic Control Manual and the Manual on Uniform Traffic Control Devices, latest edition adopted by the State with their revisions. Page 3 Section 11. Paragraph 3. f. is revised and replaced as follows: 3. The State shall: ADOT File No.: IGAIJPA 05-148 -I ADOT CAR No.: 13-0001543-1 Amendment No. One: 14- 0004629 -1 f. After construction, be responsible for ownership and maintenance of all right -of -way inside and outside of access control as depicted on Exhibit 1, conveyed to the State by the Town through Transportation Board Resolution including: Twin Peaks Road from Tiffany Loop Road station 39 +40 left and station 43 +64.76 left to Twin Peaks Road station 108 +90.31 left and station 110 +06 right; Interstate 10 from station 4783 +00 to station 4863 +00; eastbound frontage road from station 1665 +21 to station 1647 +01; westbound frontage road from station 1574 +06 to station 1627 +10. Maintenance of non - structural sidewalks, landscaping (including landscaping water and electrical costs to maintain the irrigation), and artwork (fixtures, paint, and graffiti abatement) of said project shall be the responsibility of the Town. Ill. MISCELLANEOUS PROVISIONS Section Ill, Paragraph 1. is revised; and Paragraphs 11. and 12. are added, as follows: 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project and related deposits or reimbursement, except any provisions for maintenance shall be perpetual, unless assumed by another competent entity. It is further understood and agreed that in the event the Town terminates this Agreement, the State shall in no way be obligated to maintain said Project. The Town assumes full responsibility for the design, plans, specifications, reports, and the engineering in connection therewith of any design contractor cost over -runs and design claims. It is understood and agreed that, the Town shall provide maintenance for the sidewalk, landscaping, irrigation, irrigation water and electrical costs for the irrigation on ADOT's right -of -way of said Project. 11. The Parties shall comply with the applicable requirements of Arizona Revised Statutes §41 -4401. 12. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. Pa 4 ADOT File No.: IGA/JPA 06-148-1 ADOT CAR No.: 13-0001543-1 Amendment No. One: 14-0004629-1 THIS AMENDMENT NO. ONE shall become effective upon si and datin of the Determination Letter b the State $i s Attorne General. IN ACCORDANCE WITH Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each Part le counsel and that the Parties are authorized under the Laws of this State to enter into this Amendment No. One and that the Amendment No. One is in proper form. IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the da and y ear first above written. lffieykTi 1-KOISF, i TIA MIkuy 1.1 B ED HONEA Ma STATE OF ARIZONA Department of Transportation B DALLAS HAMMIT, P.E. Senior Deput State En Development ATTEST: ADOT File No.: IGA/JPA 06,-148-1 ADOT CAR No.: 13-0001543-1 Amendment No. One: 14-0004629-1 ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA I have reviewed the above referenced Amendment No. One to the Ori A between the State of Arizona, actin b and throu its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an a amon public a which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 throu 11-954 and declare this Amendment No. One to be in proper form and within the powers and authorit g ranted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authorit of the State to enter into this Amendment No. One. DATED this da of 1e' 112014.